California OAH special education order · June 7, 2013
Order for Student to Submit Documentation of Educational Rights
OAH Case No. 2013060091 · ALJ Adeniyi Ayoade
OAH ordered Parent to prove within five business days that she holds her 21-year-old adult child's educational rights or is authorized to file, because those rights transfer to the student at 18.
Summary
Parent filed a due process complaint against the District for Student, who is 21, along with a stay put motion that the District opposed. Before ruling on stay put, OAH raised on its own whether Parent has standing, because special education rights transfer to the student at age 18 under Education Code section 56041.5. The complaint gave no evidence that Student had transferred her rights to Parent or authorized the filing. OAH ordered Parent to submit written proof within five business days and warned that the case may be dismissed without further notice if she does not.
Why it matters
When a student with an IEP turns 18, the special education rights belong to the student unless the student was found incompetent or the rights were transferred. A parent filing for an adult student should attach proof of rights or the student's written authorization, or the case, including any stay put request, can stall or be dismissed.
Key authority cited
- 34 C.F.R. § 300.520
- Ed. Code, § 56041.5
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013060091
v. ORDER FOR STUDENT TO SUBMIT
DOCUMENTATION OF
LOS ANGELES UNIFIED SCHOOL EDUCATIONAL RIGHTS
DISTRICT.
On May 28, 2013, Parent filed with the Office of Administrative Hearings (OAH) a request for a due process hearing (complaint) naming the Los Angeles Unified School District (District). On June 4, 2013, OAH issued a scheduling order setting mediation for July 9, 2013, the prehearing conference for July 15, 2013 and the due process hearing to begin on July 23, 2013. Student’s complaint includes a motion for “stay put” pending the hearing and District has filed an opposition to the motion. In order to rule on the motion, OAH must first inquire into Parent’s standing to act on Student’s behalf.
In the complaint, Parent made several allegations and requested a number of remedies on behalf of Student. However, according to the complaint, Student’s date of birth is [date redacted], and thus, Student is 21 years of age. As noted below, in California the educational rights of every student generally transfer to such student upon reaching the age of 18. In filing the present complaint on behalf of Student, Parent did not provide any proof that she holds Student’s educational rights.
APPLICABLE LAW
Under federal and California special education law, when a student eligible for special education reaches the age of 18 years, the special education rights previously held by the parent transfer to the student. (34 C.F.R. § 300.520(a)(ii)(2006); Ed. Code, § 56041.5.)
Specifically, Education Code section 56041.5 provides:
When an individual with exceptional needs reaches the age of 18, with the exception of an individual who has been determined to be incompetent under state law, the local educational agency shall provide any notice of procedural safeguards required by this part to both the individual and the parents of the individual. All other rights accorded to a parent under this part shall transfer to the individual with exceptional needs. The local educational agency shall notify the individual and the parent of the transfer of rights.
DISCUSSION
According to Student’s complaint, the named “Petitioner” is listed as the Parent.
Based on the complaint Student reached the age of 18 on July 11, 2009. Parent has presented no evidence showing that Student has either transferred her educational rights to Parent or has authorized Parent to pursue this action. Therefore, in order for Parent to have standing to pursue this action on behalf of Student, Parent must provide evidence that she holds educational rights on behalf of Student. In the alternative, Student may provide additional clarification that she has authorized the filing of this action herself and that she is represented by Parent.
ORDER
1. Within five business days of issuance of this Order, Parent shall submit written
proof to OAH that she holds Student’s education rights, or that Student has otherwise authorized her to file this due process matter and represent her interests.
Copies of all documents shall be served on the District.
2. If Parent and/or Student do not timely provide the above evidence to establish
legal standing, OAH may dismiss this action without further notice.
Dated: June 7, 2013 /s/
ADENIYI AYOADE
Administrative Law Judge Office of Administrative Hearings